People v. Speck CA4/2

Filed 8/24/15 P. v. Speck CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E061228

v. (Super.Ct.No. SWF1102604)

DANIEL TAHOE SPECK, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Albert J. Wojcik, Judge.

Affirmed and remanded with directions.

John F. Schuck, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney

General, Arlene A. Sevidal, and Amanda E. Casillas, Deputy Attorneys General, for

Plaintiff and Respondent.

The trial court placed defendant Daniel Speck on probation and ordered him to

serve 365 days in jail after a jury convicted him of misdemeanor assault and of battery

1

with serious bodily injury. Defendant argues, the People concede, and this court agrees

that: (1) defendant’s sentence for misdemeanor assault should be reduced to a maximum

of 180 days; and (2) the minute order should be corrected to show the trial court waived